In the Philippines, the right of a child to receive support is an absolute right grounded in the Family Code of the Philippines and the Presidential Decree No. 603 (The Child and Youth Welfare Code). Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.
1. The Legal Basis for Support
Under Article 194 of the Family Code, support is a mutual obligation between parents and their children. For children born out of wedlock (illegitimate), the father is legally required to provide support provided that filiation (the biological relationship) is established.
Key Principles:
- Non-Renounceable: The right to receive support cannot be renounced or transmitted to a third party.
- Proportionate: Support is always "variable," meaning it can be increased or decreased depending on the needs of the child and the means of the father.
- Compulsory: Parents cannot waive the child's right to support in a private agreement or contract.
2. Establishing Filiation
Before a legal claim for support can succeed against a father, the child’s filiation must be proven. This is typically done through:
- The Record of Birth appearing in the Civil Register, signed by the father.
- An Admission of Paternity in a public document or a private handwritten instrument signed by the father.
- In the absence of the above, Open and Continuous Possession of the status of a child.
- DNA Testing, which is now highly recognized by Philippine courts as conclusive evidence of paternity.
3. The Step-by-Step Legal Process
Step 1: Demand for Support
The process usually begins with a formal Demand Letter sent by the mother or guardian to the father. This letter requests a specific amount for monthly support based on the child's needs.
Step 2: Barangay Conciliation
If the parties live in the same city or municipality, the case must generally undergo Katarungang Pambarangay (Barangay Mediation). If no agreement is reached, the Barangay Captain will issue a Certificate to File Action, allowing the mother to proceed to court.
Step 3: Filing the Petition
If mediation fails, a Petition for Compulsory Recognition and Support (if filiation is not yet established) or a simple Petition for Support is filed in the Regional Trial Court (Family Court) where the mother or the child resides.
Step 4: Application for Support Pendente Lite
Legal cases can take years. To protect the child's immediate welfare, the lawyer can file for Support Pendente Lite (support during the pendency of the case). The court can issue an order for the father to start paying a provisional amount while the main trial is ongoing.
4. Determining the Amount of Support
There is no "fixed" amount for child support in the Philippines. The court uses the "Capacity vs. Need" rule:
- The Needs of the Child: Tuition fees, food, milk, medical expenses, and housing.
- The Means of the Father: His salary, business income, properties, and existing obligations.
5. Consequences of Non-Payment
Civil Liability
The court can issue a Writ of Execution to garnish the father’s wages or attach his properties to satisfy the support arrears.
Criminal Liability (R.A. 9262)
Under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act), the willful refusal to provide financial support is considered a form of Economic Abuse.
- A criminal complaint can be filed with the Prosecutor’s Office.
- If found guilty, the father may face imprisonment and be required to pay fine/indemnity.
- The court can also issue a Permanent Protection Order (PPO), which may include a directive for the father's employer to automatically deduct support from his salary and remit it directly to the mother.
6. Table of Necessary Documents
| Document | Purpose |
|---|---|
| PSA Birth Certificate | To prove the child's age and filiation. |
| Proof of Expenses | Receipts for tuition, groceries, and medical bills. |
| Proof of Father's Income | Payslips, ITR, or social media posts showing lifestyle (if available). |
| Certificate to File Action | From the Barangay (if applicable). |
Note on Illegitimate Children: Under the law, illegitimate children use the surname of the mother unless the father has explicitly recognized the child through the Birth Certificate or a "Private Handwritten Instrument." Recognition is the prerequisite for any support claim.